The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

1. The summary of the grounds for appeal (the factual error) was not only the intent and ability to use, but also the intent or ability to return to the victim, when the Defendant received the money from the victim as stated in the facts constituting the crime in the judgment below, to purchase the above money, and newly construct and sell the penta-gun, Incheon (hereinafter “the forest in this case”).

Therefore, the lower court found the guilty of this part of the facts charged erred by misapprehending the facts.

2. Determination

A. As determined by the court below, comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., ① the defendant did not have certain occupation or property at the time when he received money from the victim as stated in the facts constituting the crime in the judgment below, and ② the statement made by J and K at the court below, a co-owner of the forest in this case, had no intention to sell the forest in this case, but they solicited the defendant to sell the forest in this case again on the part of the defendant around November 201, and had expressed his intention to sell the forest in this case 250,000 won for telephone conversations, and on the part of the defendant 20,000 won for sale of the forest in this case 30,000 won under the name of 30,000 won for money of this case.